PIERRE - A New Underwood rancher and his wife must go to
prison for violating terms of their probation by not paying federal
taxes, a federal judge ruled Monday.
Randy and Mary Miller appear to believe they are above the
law, and they have done nothing to repay the Internal Revenue
Service since they were originally convicted four years ago, U.S.
District Judge Charles Kornmann said during the hearing.
Randy Miller is the son of former Gov. Walter Dale Miller, who
attended Monday's sentencing hearing.
The judge said he originally gave the Millers a lenient
sentence, but they have failed to file income tax returns or make
any effort to pay back taxes.
"It's not a good idea to repay leniency or mercy with an
in-your-face attitude," Kornmann said. "I believe the defendants …
believe they are above the law, and they are not."
Randy and Mary Miller pleaded guilty in 2003 to federal tax
charges. He also admitted to illegally selling mortgaged wheat. He
spent 16 months in prison, she was placed in home confinement for
six months and they both eventually were placed on probation.
Kornmann earlier ruled the Millers had violated the terms of
their release.
On Monday, the judge ordered Randy Miller to serve two years
and four months in a federal prison. Kornmann also recommended that
federal prison officials put him in a medical facility because he
is recovering from heart surgery. Miller will be on supervised
release for 20 months after his release.
The judge revoked Mary Miller's probation and ordered her to
serve 13 months in prison, followed by 32 months of supervised
release.
During their supervised release, the Millers must pay $2,000 a
month to the IRS, the judge said.
